Change of Status - H4 to F1
What is an H4 Visa?
The H4 Visa serves as a gateway for family members who rely on holders of H-1B, H-1B1, H-2A, H-2B, and H-3 visas in the United States, encompassing both spouses and unmarried children under the age of 21.
Why Changing from H4 to F1 Status?
- Employment Opportunities: F1 visa holders have better employment opportunities, including CPT, OPT, and potential H-1B Visa opportunities. On the other hand, H4 visa holders face challenges in finding a job, and turning directly from H4 into H1B can be extremely difficult.
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Independence and Security: Unlike the H4 visa, which is dependent on the H1B holder's status, the F1 visa operates independently. If an H1B holder faces unforeseen circumstances like layoffs, the H4 visa holder may lose their right to stay in the United States.
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Financial Considerations: Studying with an F1 visa might involve out-of-state fees, but it provides a clear pathway to employment and an H-1B visa. On the other hand, while studying on H4 might offer in-state fees, the challenges in finding a job and transitioning to H-1B can be significant.
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Break the 6-year Limit: The H1 or H4 visa has a 6-year duration limit. However, once you transition to an F1 visa, the time spent on the F1 visa does not count towards this 6-year limit.
H4 Visa holder’s rights in the U.S.
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Residence Legality: H4 visa holders are granted the right to live in the U.S., provided the family member holding an H1B visa is gainfully employed. These visa holders must comply with all the requirements and stipulations of the H4 visa to maintain their legal status.
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Educational Pursuits: Those on an H4 visa have the privilege to sign up for various academic or vocational programs as part-time learners within the U.S. This opens a pathway for them to broaden their horizons and acquire new skills and knowledge.
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Healthcare Benefits: A significant number of H4 visa holders gain access to medical services in the U.S., thanks to employer-provided health insurance or other viable alternatives.
- Driving Privileges: H4 visa holders find themselves eligible to apply for a driver's license in numerous states, a perk that enables them to navigate the U.S. roads legally.
- International Travel: The privilege of international travel is extended to H4 visa holders, allowing them to traverse borders freely. However, it's advisable to plan such travels thoughtfully, ensuring they do not conflict with the H1B holder's employment situation and visa conditions.
- Work Authorization (EAD): In specific instances, H4 visa holders may become eligible for Employment Authorization Documents (EAD), granting them the ability to seek employment in the U.S. This is more common when their H1B visa-holding family member is on the track towards obtaining a green card.
- Anti-Discrimination Safeguards: H4 visa holders are shielded against any form of discrimination stemming from their nationality or immigration status. They are entitled to live and work in an environment free from prejudice and unfair treatment.
- Legal Support Access: The right to seek advice from immigration attorneys or legal professionals is assured for H4 visa holders, empowering them to navigate their rights, explore various options, and stay informed about any shifts in immigration regulations.
It’s imperative to underscore that while H4 visa holders enjoy a range of rights, the scope of their employment and other benefits are tied to specific eligibility criteria and conditions.
The validity of the H4 Visa is intimately connected to that of the primary H-type visa holder’s status. For example, should an H1B visa holder become unemployed, the linked H4 visa beneficiary has a grace period of 60 days to either adjust to another nonimmigrant status or make arrangements to leave the U.S.
Similarly, H4 visa dependents reaching the age of 21 must transition to a different form of non-immigrant visa, such as the F1 Student Visa, to lawfully continue their residency in the U.S.
Why Changing from H4 to F1 Status?
You May Fail the Change of Status Because
- Insufficient Proof of Ties to Home Country
- Financial Inadequacy
- Mismatched Intentions
- Incomplete or Incorrect Documentation
- Impact of I-140 Filing
- Past Immigration Violations
Eligible for H4 to F1 Change of Status within the US
- Applicants must be currently residing in the US.
- They must apply through the I-539 change of status petition.
- If approved, their status will change without leaving the country.
- No visa interview is required for the change of status within the US.
How to Change H4 to F1?
There are two ways to acquire a new non-immigration status:
Option 1: Travel and Reentry
For H4 holders, the most straightforward method to switch to F1 is to leave the U.S., obtain an F1 visa stamp on their passports in their home country, and then return. This approach is particularly effective because applying from their home country allows the applicants to demonstrate a strong connection to their homeland, which can be an important factor in the visa application process. However, it does come with potential drawbacks such as the possibility of delays in visa processing and the costs associated with travel. In other cases, due to personal reasons, many opt to stay in the US and use option 2 to get their F1 status.
Option 2: Change of Status within the U.S.
This method involves applying to the U.S. Citizenship and Immigration Services (USCIS) for a change of status. It allows you to change your nonimmigrant status while staying in the U.S. However, this option won't get you a new visa because visas are only issued outside the U.S. when you return to your home country. With this method, you can stay in the U.S. while your application is processed. You must remain in the U.S. during this time; if you leave, your application will be canceled. One major downside is the risk of application denial, which could force you to leave the U.S. quickly.
- Change of Status in the US - Step 1
- Change of Status in the US - Step 2
Get an offer from an accredited university
Identifying a suitable college or university that offers the desired program is vital for the success of a change of status. While many might prefer institutions within their state, numerous universities provide online courses with monthly executive sessions.
Once you decide on a target school, you must complete the application process immediately. If you get accepted, you will receive an I-20 and an acceptance letter.
Apply for a Change of Status (COS) from H4 to F1
To initiate the H4 to F1 Change of Status Process within the US, you need to complete form I-539.
Along with this form, submit the following documents to USCIS:
- University acceptance letter
- I-20 from the University
- SEVIS fee receipt (current fee: $200)
- Recent I-94 copy
- Passport copies (including visa stamps)
- Previous I-797s (if H4 was extended in the US)
- Proof of financial capability (e.g., spouse's recent bank statements)
- Letter explaining the reason for the status change (highly recommended)
- Marriage Certificate
- Spouse's documents: Passport copies, recent I-94, last three pay stubs, and a cover letter if they're covering education fees.
Important Notes:
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The application for a change of status is intended to modify your immigration status; IT DOES NOT ENTITLE YOU TO A VISA. Upon your next departure from the U.S., you will need to visit a U.S. consulate or embassy overseas to apply for an F-1 visa.
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If your COS can not be completed before the date indicated on your I-20 form, it is crucial for you to reach out to the DSO of your school to explore options for deferring the program start date.
Tips: once receive the offer, you’ll need to contact DSO to get an I-20. I-20 is not automatically issued.
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While the H-4 status permits full-time study, it may impose limitations on employment. Some H-4 dependents might qualify for work authorization. If you don’t meet the eligibility for work authorization, you are prohibited from commencing work on campus until the transition to F-1 status is complete and you are prohibited from taking on any internship until your CPT application is approved.
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If your H-4 status is set to expire before the 30-day mark preceding your I-20 start date, there is a high likelihood of your application being rejected, though you are permitted to reside in the U.S. while your application is under review.
Tips: It is crucial for you to seek professional help when in this situation. Book a free consultation with us if this is you!
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The denial letter or approval notice will be mailed to the address listed on Form I-539 in your application. If you change your address, the postal service will not forward mail sent to you by USCIS. If you don’t have an address or are in the middle of moving, you can use your lawyer’s office address.
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You may remain in the U.S. while your application is pending, even if your original status expires during the application processing.
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If you leave the U.S. while your request for a change of status is pending, the USCIS will consider your application invalid.
How Much Does it Cost?
- Change of Status Petition (I-539): The fee for this petition is $370.
- Biometric Fee: An additional fee of $85 is required for biometrics.
- SEVIS Fee: Once you receive the I-20 from the University, you'll need to pay the SEVIS fee, which is currently $200.
- Lawyer Fee: If you choose to consult with immigration lawyers, it will cost about 200-300/hour for legal consultation.
- Other fees: a university application fee and tuition.
How Can GoElite Help?
- In-House Immigration Expertise: Our in-house immigration attorney specializes in the Change of Status (COS) process for international students.
- Transparent Pricing: Unlike hourly billing common in many law firms, we offer a clear flat fee of $1500.
- Strong Affiliations:
- We're proudly affiliated with over 25 accredited Day 1 CPT universities.
- These partnerships highlight our credibility in the field.
- Complimentary Consultations:
- Benefit from our free consultations to find the perfect program tailored to your needs within Day 1 CPT universities.
- Financial Benefits:
- We assist in waiving application fees.
- Secure scholarships if you meet the criteria. Check your eligibility here.
- Expedited Services: For those with time constraints, we offer fast-tracked services upon request.
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- Purpose: Allows current F-1 students to extend their student status without leaving the U.S.
- Process: Typically involves updating the I-20 form with your Designated School Official (DSO) and filing with USCIS if necessary.
- Purpose: Converts a visitor status (B-1 for business or B-2 for tourism) to student status to begin or continue education in the U.S.
- Process: Requires filing Form I-539, an explanation letter, acceptance to a U.S. school, an I-20 form, and paying the SEVIS fee ($350).
- Purpose: Changes status from a student to a temporary worker, allowing full-time employment in the U.S.
- Process: Typically requires an employer to file a petition for the H-1B visa on your behalf. Once approved, the change of status can be activated within the U.S.
- Purpose: Converts J-1 status (used for exchange visitors) to F-1 status for students who wish to continue their education in the U.S.
- Process: Requires filing Form I-539, providing a valid reason for the change, and demonstrating continued eligibility for F-1 status.
- Purpose: Allows those on an H-1B work visa to change to visitor status if they no longer wish to work but want to remain in the U.S. temporarily.
- Process: Involves filing Form I-539, along with an explanation letter detailing the reason for the change, and paying the required fees.
- Purpose: Converts L-1 status (used for employees transferred within a company to the U.S.) to F-1 status to pursue education.
- Process: Similar to other student visa conversions, it requires filing Form I-539, an explanation letter, a school’s I-20 form, and payment of the SEVIS fee.
Do you need assistance to change your status from H4 to F1?
- Free Day 1 CPT School Match
- Immigration Lawyer Referral
- Application Fee Wavier & Application Assistant
- Scholarship Opportunities
- Connecting to the Admission Officer to Get Pre-Approval
- Premium Process: Get an Offer and I-20 within 3 days (added-value service)
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Learn the latest news of Day 1 CPT, immigration policies and visas. We provide the views and analysis for international students to learn the insights.